Rethinking Legal Need
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Rethinking Legal Need: The Case of Criminal Justice

Rethinking Legal Need: The Case of Criminal Justice


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About the Book

This book re-examines legal need in the light of contemporary philosophy, social policy analysis, medical economics and the trend towards evaluation of legal services. From this exploration a new perspective emerges - testing for non-need by comparing the consequences of absence and presence of legal representation. The tests cover empirical research from five Common Law jurisdictions on five outcomes (the "cure" hypothesis): plea, venue, bail, verdict and sentence. From this it is concluded that the general case for legal need is not proven. In this place as "inverted need" the judge is re-imported as the key variable in legal decisions. Finally the clinical analogy with legal need is discussed - legal aid as welfare or as subsidy; victim's needs and the mode of criminal justice.

Table of Contents:
Part 1 How we think about legal need - introducing the problem of legal need; competing professional definitions of need; clients and the pragmatics of legal need - Gilbert Smith's case studies re-analyzed; what clients do; the contribution of other disciplines contemporary philosophy; the contribution of other disciplines - social administration; Bradshaw's taxonomy of adjectival need - a method for classifying the problem; applying Bradsahw's taxonomy to legal need demand side - felt legal need; felt need features in criminal justice; conclusions on felt need; demand side - expressed need; supply side - "normative legal need"; general conclusions on Bradsaw's need types; towards a negative definition of need; conclusion; testing for the absence of need; conclusion. Part 2 Legal need in criminal justice - legal need in criminal justice; normative perspectives; the perceptions of defendants; conclusion; appearing in person - self-representation in criminal justice; the scale of self-representation by defendants; a survey of self-representation; characteristics; the survey; testing negatively for non-need - comparative-consequential need in criminal justice; applying comparative-consequential method; the impact of representation on sentence a comparative-consequential study of thieves; representation, judges and decisions - "inverted legal need"; the implications of inverted legal need - the weight of representation in judicial decisions; re-thinking legal need - the clinical analogy; structural considerations; the positive residue of legal need - attempts to transcend the problem of definition; consensual need; conclusion on referendal approaches; further structural considerations.


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Product Details
  • ISBN-13: 9781855212077
  • Publisher: Taylor & Francis Ltd
  • Publisher Imprint: Dartmouth Publishing Co Ltd
  • Height: 159 mm
  • Weight: 525 gr
  • ISBN-10: 1855212072
  • Publisher Date: 14 Nov 1991
  • Binding: Hardback
  • Sub Title: The Case of Criminal Justice
  • Width: 225 mm


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